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(영문) 서울중앙지방법원 2012.11.29 2012가단177560
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) 59,825,473 won and 43,490,112 won among them, from March 28, 2012 to March 28, 2012.

Reasons

Comprehensively taking account of the overall purport of pleadings as to the claim against Defendant A (hereinafter “Defendant”) in the judgment on the claim against the Defendant Company A (hereinafter “Defendant Company”), the Plaintiff shall pay the Plaintiff KRW 50 million to the Defendant Company on November 7, 2007; the due date shall be no later than November 4, 201; ② the due date of payment shall be KRW 10 million to the Defendant Company on May 7, 2008; ② the due date of payment; the interest rate of KRW 3-1-4; the due date of payment; the interest rate of KRW 3-1-3; the due date of payment; the due date of payment; the due date of KRW 4; the due date of payment; the due date of KRW 10 million; the due date of payment; the due date of payment; the due date of payment; KRW 50,00; KRW 10,000; and KRW 314; and the due date of repayment; and KRW 20,414; and each of the above amounts shall be no more than KRW 174.5.28.

According to the above facts, the defendant company is obligated to pay to the plaintiff 59,825,473 won in total and 43,490,112 won in total of the above principal and interest of loans and 43,490,112 won in interest calculation day from March 28, 2008 to May 15, 2012, the agreed delay damages rate of 17% per annum and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

According to the reasoning of the judgment as to the claim against Defendant B, Defendant B could recognize the fact that Defendant B provided a comprehensive joint and several surety to the Plaintiff as to the Plaintiff on November 5, 2010. As such, Defendant B and the Plaintiff jointly and severally with the Defendant Company as to KRW 27,701,525 of the principal and interest of the loan and KRW 23,490,112 of the principal and interest of the loan and KRW 23,490,112 of the principal and interest of the loan are calculated on the following day after March 28, 2012.

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